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CS/HB 1049 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to building permit requirements; 2
amending s. 553.382, F.S.; providing that certain 3
residential manufactured buildings may not be denied a 4
building permit for the placement of such building; 5
amending s. 553.73, F.S.; prohibiting a local 6
government from adopting certain technical amendments 7
to the Florida Building Code; amending s. 553.79, 8
F.S.; prohibiting a local enforcement agency from 9
requiring a building permit for work valued at a 10
specified amount that is performed on a parcel 11
containing a single-family residential dwelling; 12
prohibiting a construction project from being divided 13
into multiple projects to evade certain requirements; 14
providing applicability; authorizing a local 15
government to require a building permit for certain 16
work regardless of the value of the work; requiring a 17
contractor to maintain certain written records for a 18
specified time period; creating s. 553.796, F.S.; 19
defining the term "backup power system"; prohibiting a 20
local enforcement agency from requiring a building 21
permit for specified work on a backup power system 22
that is installed by certain persons or entities; 23
requiring local enforcement agencies to establish a 24
specified process; requiring licensed contractors to 25
CS/HB 1049 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
submit a notice of commencement before the 26
installation of a backup power system; providing an 27
exception; prohibiting local governments from adopting 28
or enforcing certain ordinances, rules, or other 29
measures; authorizing a local enforcement agency to 30
conduct an inspection, either in person or virtually; 31
prohibiting local enforcement agencies from requiring 32
more than one inspection except under certain 33
circumstances; authorizing an owner or the owner's 34
contractor to use a private provider for certain 35
inspections; requiring a local enforcement agency to 36
provide certain persons a written notice of correction 37
under certain circumstances; authorizing a stop-work 38
order only under specific circumstances; requiring a 39
local enforcement agency to offer an owner or the 40
owner's contractor a reinspection date within a 41
certain time period; providing that a private provider 42
inspection report constitutes acceptance under certain 43
circumstances; prohibiting a local enforcement agency 44
from withholding or revoking a certificate of 45
occupancy based solely on a failed inspection report; 46
providing construction; providing an effective date. 47
48
Be It Enacted by the Legislature of the State of Florida: 49
50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Section 553.382, Florida Statutes, is amended 51
to read: 52
553.382 Placement of certain housing.—Notwithstanding any 53
other law or ordinance to the contrary, in order to expand the 54
availability of affordable housing in this state, any 55
residential manufactured building that is certified under this 56
chapter by the department may not be denied a building permit 57
for placement be placed on a mobile home lot in a mobile home 58
park, on any lot in a recreational vehicle park, or in a mobile 59
home condominium, cooperative, or subdivision. Any such housing 60
unit placed on a mobile home lot is a mobile home for purposes 61
of chapter 723 and, therefore, all rights, obligations, and 62
duties under chapter 723 apply, including the specifics of the 63
prospectus. However, a housing unit subject to this section may 64
not be placed on a mobile home lot without the prior written 65
approval of the park owner. Each housing unit located on a 66
mobile home lot and subject to this section shall be taxed as a 67
mobile home under s. 320.08(11) and is subject to payments to 68
the Florida Mobile Home Relocation Fund under s. 723.06116. 69
Section 2. Paragraph (l) of subsection (4) of section 70
553.73, Florida Statutes, is redesignated as paragraph (m), and 71
a new paragraph (l) is added to that subsection, to read: 72
553.73 Florida Building Code.— 73
(4) 74
(l) A local government may not adopt a technical amendment 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the Florida Building Code that requires a building permit, or 76
any local review or approval process that is functionally 77
equivalent to the permitting process, for a backup power system 78
that is exempt under s. 553.796. 79
Section 3. Paragraph (g) is added to subsection (1) of 80
section 553.79, Florida Statutes, to read: 81
553.79 Permits; applications; issuance; inspections.— 82
(1) 83
(g)1. A local enforcement agency may not require a 84
building permit for any work valued at less than $7,500 that is 85
performed on a parcel containing a single-family residential 86
dwelling. A construction project may not be divided into more 87
than one project for the purpose of evading the requirements in 88
this section. The exemption in this subparagraph does not apply 89
to construction, repair, remodeling, or improvement projects 90
that are part of a larger or major project, whether undertaken 91
by the same or a different contractor, or in which a division of 92
the operation is made in contracts of amounts less than $7,500 93
for the purpose of evading this part or otherwise. 94
2. A local enforcement agency may require a building 95
permit for any electrical, plumbing, structural, mechanical, or 96
gas work, excluding the repair or replacement of exterior doors 97
or windows, that is performed on a single-family dwelling 98
parcel, regardless of the value of the work. 99
3. A contractor who performs work that does not require a 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permit under subparagraph 1. must keep for at least 5 years a 101
written record of the work performed, the property address at 102
which the work was performed, and the value of such work. 103
Section 4. Section 553.796, Florida Statutes, is created 104
to read: 105
553.796 Building permit exemption for backup power 106
systems.— 107
(1) As used in this section, the term "backup power 108
system" means equipment and associated components installed at 109
or serving a one-family or two-family dwelling or townhouse for 110
the purpose of providing on-site electrical power during utility 111
outages, load management, resiliency, or other similar purposes, 112
and which is capable of providing no more than 50 kilowatts of 113
output to the dwelling or townhouse or, if the system includes 114
energy storage, has an aggregate storage capacity of no more 115
than 100 kilowatt hours. 116
(2) A local enforcement agency may not require a building 117
permit, or any local review or approval process that is 118
functionally equivalent to the permitting process, for the 119
design, installation, relocation, replacement, or repair of a 120
backup power system that is installed by a contractor licensed 121
under chapter 489 or a public utility that is exempt from 122
licensure under s. 489.503(4). A local enforcement agency must 123
establish a process for licensed contractors to submit to the 124
local enforcement agency a notice of commencement instead of a 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permit application before the installation of a backup power 126
system. The licensed contractor performing the installation must 127
submit such notice of commencement to the local enforcement 128
agency before the installation of a backup power system. 129
(3) The installation of a backup power system performed by 130
an owner and not a contractor licensed under chapter 489 is not 131
eligible for the permit exemption under this section and the 132
owner must proceed under otherwise applicable permitting 133
requirements. This section does not authorize unlicensed 134
contracting. 135
(4) Notwithstanding chapters 125 and 166 or any other law, 136
a county, municipality, or special district may not adopt or 137
enforce an ordinance, a rule, or any other measure, beyond 138
enforcing the standards contained in the Florida Building Code 139
and the Florida Fire Prevention Code, that regulates the 140
installation, relocation, replacement, or repair of backup power 141
systems. 142
(5)(a) A local enforcement agency may conduct an 143
inspection, in person or virtually, of a backup power system to 144
verify compliance with the Florida Building Code and the Florida 145
Fire Prevention Code. An inspection under this subsection may 146
not be conditioned on an owner or the owner's contractor 147
obtaining a building permit, or any local review or approval 148
process that is functionally equivalent to the permitting 149
process, and may not include a plans review. A local enforcement 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agency may not require more than one inspection of a backup 151
power system except in the case of noncompliance as provided in 152
subsection (6). 153
(b) An owner or the owner's contractor may choose to have 154
the inspection of a backup power system performed by a private 155
provider in accordance with s. 553.791. A private provider must 156
adhere to the timelines for emergency inspections and submittal 157
requirements of inspection reports. The procedures in s. 158
553.791(13) apply to inspections under this section performed by 159
a private provider. 160
(6) If a local enforcement agency finds that an owner or 161
the owner's contractor has not complied with this section, the 162
local enforcement agency must provide to such person a written 163
notice of correction that cites the specific code sections out 164
of compliance and the required remedy to correct such 165
noncompliance. The local enforcement agency may issue a stop-166
work order only to address an immediate danger to life or safety 167
and only for the affected portion of the work being performed. 168
Upon request by the owner or the owner's contractor after the 169
noncompliance has been corrected, the local enforcement agency 170
must offer a reinspection date within 2 business days after such 171
request or on the next day inspections are being conducted, 172
whichever is earlier. If a reinspection does not occur within 173
the required timeframe, a private provider inspection report 174
completed pursuant to s. 553.791 constitutes acceptance on the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
part of the local enforcement agency. 176
(7) A failed inspection report of a backup power system 177
installed at or serving an existing and occupied one-family or 178
two-family dwelling or townhouse may not be the sole basis for a 179
local enforcement agency to withhold or revoke a certificate of 180
occupancy for the dwelling or townhouse. Instead, the local 181
enforcement agency shall withhold authorization to energize the 182
backup power system until any corrections are performed and 183
verified. 184
Section 5. This act does not alter or abridge the 185
jurisdiction of the Public Service Commission under chapter 366, 186
Florida Statutes, the exemptions for utilities and cooperatives 187
under s. 366.11, Florida Statutes, or the requirements of rule 188
25-6.065, Florida Administrative Code, relating to 189
interconnection and net metering. This act does not affect any 190
tariff, service policy, or interconnection requirements of a 191
utility or cooperative. 192
Section 6. This act shall take effect July 1, 2026. 193